SEC. 4.133. HOMELESSNESS OVERSIGHT COMMISSION.
§ 4.133
San Francisco establishes a seven-member Homelessness Oversight Commission to oversee the Department of Homelessness and Supportive Housing. The Commission has four members appointed by the Mayor (subject to Board confirmation) and three by the Board, with specified expertise requirements, and exercises standard board powers including budget approval, goal-setting, and performance audits of the Department.
The city created a commission of seven people to watch over and evaluate the Department of Homelessness and Supportive Housing. Four members are appointed by the Mayor (with approval from the Board of Supervisors) and three are appointed by the Board of Supervisors. The commission members must have relevant backgrounds—some must have experienced homelessness, others must work in services or advocacy, and members should represent diverse backgrounds. The commission can approve budgets, set goals and performance standards for the department, hold public hearings, and audit how well the department is delivering services. However, the commission cannot change eligibility rules if those rules are required by state or federal funding rules.
- Controversial:Homelessness policy, oversight structures, and resource allocation are subjects of substantial public debate in San Francisco.
- Complex:The section contains multiple cross-references (Sections 4.101-4.104), a staggered term structure with different expiration dates, and nuanced appointment and confirmation procedures that make the full governance structure difficult to follow.
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Official text
(a) There shall be a Homelessness Oversight Commission (“Commission”) to oversee the Department of Homelessness and Supportive Housing (“Department”), or any successor agency. The Department shall, to the extent prescribed by ordinance, manage and direct housing, programs, and services for persons experiencing homelessness in the City, including, but not limited to, street outreach, homeless shelters, transitional housing, homelessness prevention, and permanent supportive housing.
(b) The Commission shall consist of seven members, appointed as follows:
(1) Seats 1, 2, 3, and 4 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination of the Mayor shall be subject to approval by the Board of Supervisors, and shall be the subject of a public hearing and vote within 60 days of the date the Clerk of the Board receives notice of the nomination from the Mayor. If the Board fails to act on the nomination within those 60 days, the nominee shall be deemed approved. The appointment shall become effective on the date the Board adopts a motion approving the nomination or on the 61st day after the Clerk of the Board receives notice of the nomination, whichever is earlier. Seat 1 shall be held by a person who has personally experienced homelessness. Seat 2 shall be held by a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness. Seat 3 shall be held by a person with expertise in mental health service delivery or substance use treatment. Seat 4 shall be held by a person with a record of participation in a merchants’ or small business association, or neighborhood association. In addition to the aforementioned qualifications, at least one of the Mayor’s appointees shall have experience in budgeting, finance, and auditing.
(2) Seats 5, 6, and 7 shall be appointed by the Board of Supervisors. Seat 5 shall be held by a person who has personally experienced homelessness. Seat 6 shall be held by a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness. Seat 7 shall be held by a person with significant experience working with homeless families with children and/or homeless youth.
(3) Section 4.101 shall apply to these appointments, with a particular emphasis on diversity in ethnicity, race, age, sex, gender identity, sexual orientation, and types of disabilities.
(c) Commission members shall serve at the pleasure of their respective appointing authorities and may be removed by their appointing authorities at any time. Vacancies shall be filled by the respective appointing authorities as prescribed in subsections (b)(1) and (2).
(d) Commissioners shall serve four-year terms, beginning at noon on May 1, 2023; provided, however, the term of the initial appointees in Seats 1, 4, and 6 shall be a two-year term, expiring at noon on May 1, 2025.
(e) The Commission shall elect a Chair, Vice-Chair, and officers for other such positions, if any, that it chooses to create.
(f) The Commission shall have the following powers and duties:
(1) With respect to the Department, the Commission shall exercise all of the powers and duties of boards and commissions as set forth in Sections 4.102, 4.103, and 4.104, including but not limited to, approving applicable departmental budgets, formulating annual and long-term goals consistent with the overall objectives of the City and County, establishing departmental performance standards, holding hearings and taking testimony, conducting public education and outreach concerning programs and services for homeless persons in San Francisco, and issues concerning homelessness, and conducting performance audits of the Department to assess the efficiency and effectiveness of the Department’s delivery of services to persons experiencing homelessness and persons participating in programs overseen by the Department, and the extent to which the Department has met the annual goals and performance standards established by the Commission.
(2) Notwithstanding the Commission’s authority to review and set policies, the Commission shall not have the authority to approve, disapprove, or modify criteria used to ascertain eligibility or priority for programs and/or services operated or provided by the Department, where such criteria are required as a condition of the receipt of state or federal funding.
(g) The Mayor and the Board of Supervisors shall make their initial appointments to Seats 1-7, respectively, on the Commission by no later than noon, March 1, 2023. The Commission shall come into existence upon the appointment, and confirmation where required, of four members, or at noon on May 1, 2023, whichever is later. The Commission shall have its inaugural meeting within 30 days of its coming into existence.
(Added by Proposition C, Approved 11/8/2022)
(Added November 1998; repealed November 2014)
Editor's Notes: Divisions (h)–(j) of Sec. 4.133, as added by Proposition C, approved by the voters at the election of November 8, 2022, expired on April 17, 2024 according to the terms of their sunset provision and were removed from the Charter at the direction of the Office of the City Attorney.
Former Sec. 4.133 pertained to the Taxi Commission. Exercising authority granted by Sec. 8A.101(b) of this Charter, the Board of Supervisors abolished the Taxi Commission and transferred its functions, powers, and duties to the Municipal Transportation Agency; see Police Code Art. 16, Sec. 1075.1. For current provisions relating to taxis (and vehicles for hire generally), see Transportation Code Article 1100. Former Sec. 4.133 was deleted from the Charter by Proposition C, approved by the voters at the election of November, 2014.